Donald R. Nitto v. Luxor Cabs; Mohamed Bachar
Published: Nov. 1, 1997 | Result Date: Sep. 15, 1997 | Filing Date: Jan. 1, 1900 |Case number: 975088 – $242,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Richard E. McGreevy
(Leach & McGreevy LLP)
Facts
On Jan. 4, 1995, plaintiff Donald Nitto, was attempting to board a cable car stopped in the middle of the intersection at California and Hyde Streets when he was struck by a taxicab driven by defendant Mohamed Bachar. The plaintiff suffered a comminuted right tibular fracture and a distal fibular fracture requiring surgery, internal fixation on the day of the accident and a bone graph fixation on Jan. 10, 1995. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Settlement discussions were not disclosed.
Injuries
The plaintiff sustained fractures of the right fibula and distal fibula requiring surgery, with residual permanent stiffness of the right ankle and foot.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. An arbitration was held on Dec. 5, 1996, before Ephraim Margolin, a San Francisco attorney resulting in an award of $175,000 for plaintiff. The defendant requested a trial de novo.
Deliberation
6+ hours
Poll
9-3 (defendant negligent), 12-0 (plaintiff comparatively liable)
Length
seven days
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